Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: bigdogsayswoof on March 25, 2025, 07:06:03 pm
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I require you to consider my informal challenge as a formal representation against the Enforcement Notice which also wrongly describes itself as a PCN.
Please cancel the EN and PCN.
Registered Keeper
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Here it is :
https://imgur.com/a/ogVeF6C
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Please show it.
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I have recieved the EN
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Wait for the EN.
Process here: https://www.londontribunals.gov.uk/eat/understanding-enforcement-process/bus-lane-pcn-enforcement-process
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So if I understand you I should wait for the enforcement notice before going to the London tribunal website? Can I not do it now I have the letter of rejection.
Edit: oh I understand now, the email from tgp is not the official letter of rejection
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How original! Wait for the EN.
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Response:
Thank you for your informal representation received regarding the above Penalty Charge Notice (PCN).
Transport for London (TfL) acknowledge the comments raised within your representation stating that you
are writing to challenge the PCN regarding an alleged bus lane contravention. You have also mentioned that
inadequate warning or signage of the lane, as the signage signalling a bus lane is facing oncoming traffic on
the main road, it is not adequately visible to drivers exiting from Birchwood court. Furthermore the tarmac
legend exiting Birchwood court only directs a TURN LEFT with no warning of a bus lane. You have further
stated that No BUS LANE tarmac legend when exiting from Birchwood Court for hundreds of meters. You have
also said that the CCTV image presented by TfL shows two vehicles travelling directly on the right, meaning
that attempts to clear the lane at this time would have been blocked. You also believe that the PCN itself is
unenforceable because the reference to The Interpretation Act is both irrelevant and confusing, as the
legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or
appellant from the date of the notice. You have also stated that the statement: "Any written correspondence
before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and
is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the
legislation states "may" at 4(3)(e) 3. You have also mentioned that the statement: "It will not entitle you to the
right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement
about consideration seems to contradict what has been previously stated. The statement: "Failure to respond
or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically
being sent to you after this period." similarly fetters discretion and also misstates the time period. You therefore
would like for this PCN to be cancelled.
Please be advised that the photographs provided on the PCN are primarily used to demonstrate your vehicle
was at the location on the date of the contravention. All CCTV contraventions are recorded on digital storage
media and are obtainable from Transport for London upon request.
We issued the PCN because your vehicle was observed travelling within a bus lane in A406 N CIRCULAR W-
BND CHEQUERS WAY GREEN LANES on 10/03/2025 at 01:28. Travelling within a bus lane during its
operational hours constitutes a contravention. The bus lane is clearly sign posted stating Buses, Dial-a-Ride
Buses, Pedal Cycles, Taxis and Solo Motorcycles Mon - Sun At Any Time and marked out on the road surface.
The legend 'BUS LANE' is marked on the road, and there is a solid white line running along the right-hand edge
of the bus lane for its full length. The onus is on the driver to be aware of the bus lane and its restrictions.
Drivers are not permitted to drive in a bus lane during its period of operation. We have checked and the
signage and markings meet all the statutory requirements as set down in the Traffic Signs Regulations &
General Direction 2016.
Please note the onus is on the driver to be aware of road signs as laid out in the Highway Code, section 120:
"Bus and Tram Lanes... are shown by road markings and signs. You must not drive or stop in a bus lane during
its period of operation unless the signs indicate you may do so." (Law RTRA scts 5 & 8).
Transport for London (TfL) has considered your informal representation. However we do not consider you have
established grounds or suitable reasons for the penalty charge to be cancelled.
If you do not pay the outstanding Penalty Charge amount, an Enforcement Notice may be issued. The
Enforcement Notice will provide a further 28 days from the date on which it is served to make a payment of the
outstanding amount, or to make a formal representation. You must make your representation within the time
frame permitted and in the manner stated on the notice. If you delay making your representation we may not
have to consider it. A duly made representation will be considered and a formal decision will be sent to you. If
we reject your representation we will set out your right of appeal to an Independent Adjudicator and the time
limits for doing so.
Please note we may not consider any additional informal representations that are made before the
Enforcement Notice is issued.
If you do not make a payment or representation, a Charge Certificate may be issued 28 days from the date of
service of the Enforcement Notice. The Charge Certificate will increase the charge by 50% of the original
amount. If the increased Penalty Charge is not then paid we may apply to the County Court to recover the
penalty charge which will incur a further charge of £10 per Penalty Charge Notice.
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Best to get the RK from the beginning to authorise and/or make the challenge.
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I'm about to send off the above to TFL- one snag, first question it asks is if I'm the registered keeper of the vehicle. I'm not (it's a family members car). Will this impede proceedings in any way?
I think I'm right in saying that it should be from (as if from) the RK. For the EN it has to be from the RK.
Wait for the experts here (I am not one) to comment on your draft before submitting, but do not miss deadlines.
Only the RK can submit formal reps, so you need a letter of authority from the RK as well.
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I'm about to send off the above to TFL- one snag, first question it asks is if I'm the registered keeper of the vehicle. I'm not (it's a family members car). Will this impede proceedings in any way?
I think I'm right in saying that it should be from (as if from) the RK. For the EN it has to be from the RK.
Wait for the experts here (I am not one) to comment on your draft before submitting, but do not miss deadlines.
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I'm about to send off the above to TFL- one snag, first question it asks is if I'm the registered keeper of the vehicle. I'm not (it's a family members car). Will this impede proceedings in any way?
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Ok so am I correct that step one would be submitting the below to https://tfl.gov.uk/modes/driving/red-routes/penalty-charge-notices/make-a-representation ? (there was some exchanges that confused me in the posts about whether it can be online or has to be by post.)
(Edited 8:11)
Formal Representation against Enforcement Notice, Penalty Charge Notice
I am writing to challenge the above PCN regarding an alleged bus lane contravention.
1. Inadequate warning or signage of the lane. Signage signalling a bus lane is facing oncoming traffic on the main road, it is not adequately visible to drivers exiting from Birchwood court. Tarmac legend exiting Birchwood court simply directs a TURN LEFT with no warning of a bus lane.
2. No BUS LANE tarmac legend when exiting from Birchwood Court for hundreds of meters.
3. CCTV image presented by TFL shows two vehicles travelling directly on the right [the letter shows a red car but online evidence is two photos and also clearly shows a large lorry passing immediately after], meaning that attempts to clear the lane at this time would have been blocked.
The PCN itself is unenforceable because:
1. The reference to The Interpretation Act is both irrelevant and confusing as the legislation pertaining to Bus Lane enforcement refers to actions which may be taken by the authority and/or appellant from the date of the notice.
2. The statement: "Any written correspondence before the issue of the Enforcement Notice will not be treated as a formal representation." fetters discretion and is contrary to the legislation in that it clearly implies that you will send an Enforcement Notice when the legislation states "may" at 4(3)(e)
3. The statement: "It will not entitle you to the right of appeal." is both absurd and flies in the face of the law and natural justice. Further, the next statement about consideration seems to contradict what has been previously stated.
4. The statement: "Failure to respond or contact us within 28 days of the service date of this notice will result in the Enforcement Notice automatically being sent to you after this period." similarly fetters discretion and also misstates the time period.
I therefore request the PCN be cancelled thereby avoiding further time and effort for both parties.
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Please see my recent posts re the PCN.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-being-in-a-bus-lane-camden-road-sw-bnd-from-camden-street/msg63775/#msg63775
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There may be faults with the 'small print' - please post up the remaining pages.
https://i.imgur.com/c0T6TAZ.jpeg
https://i.imgur.com/gVYgvLJ.jpeg
On Maps there is no warning in the side road of a bus lane to the left - signs are not mandatory but given as an option in the traffic signs manual for this type of layout where you are turning almost directly into a bus lane and the bus lane sign is facing oncoming traffic.
This is what irritates me about it - the sign from exiting the close is not visible at all.
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On Maps there is no warning in the side road of a bus lane to the left - signs are not mandatory but given as an option in the traffic signs manual for this type of layout where you are turning almost directly into a bus lane and the bus lane sign is facing oncoming traffic.
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There may be faults with the 'small print' - please post up the remaining pages.
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Hi there looking for one help please. I'm a relatively new driver and this is my first notice. I got a penalty for a bus lane violation in chequers way as the title says
From my memory it was late at night/early in the morning (I'd just dropped a friend from the airport) I was pulling out of the close of houses (Birchwood court) and did not notice that if you turned left too immediately: bus lane.
It was this spot: https://maps.app.goo.gl/9vTiKqggcifEsAnY8 turn left and thats pretty much the route I took.
(https://i.imgur.com/s4w6o6B.jpeg)
Any assistance?